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A.P.S.E.B. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2004)85TTJ(Hyd.)30

..... (bom)(fb), wherein it was held that the circulars issued by the cbdt in the context of explaining the provisions in the finance act cannot be considered as a circular within the purview of section 119(1) or (2) of the act, as there was no order or direction or instruction issued in the said circular.6.5. he further submitted that the ratio ..... categorically to be if it is to bind the officials of the revenue. furthermore, the paragraph states that the companies act, 1956, which it explains, has not made any change in section 85a. implicitly, therefore, it refers to the earlier circular explaining the finance act, 1965, para 19 whereof we have already analysed." the interpretation in that case was that no part of that .....

Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR149(Jhr)]

..... this was followed by the issuance of a notification published on 12.1.2000 as so no. 65, annexure-3 in exercise of power under section'22 of the bihar finance act, 1981. the said notification defined an industrial unit as meaning any industrial project in large and medium scale having approval in the form of letter ..... the department, during the course of arguments, raised a contention that the petitioner has an efficacious alternative remedy by way of revision under section 46(2)(b) of the bihar finance act and the petitioner must be left to pursue that remedy. counsel for the petitioner met this contention by pointing out that in the earlier ..... this court declined to entertain the writ petition and directed the company to invoke the revisional jurisdiction of the commissioner of commercial taxes, under section 46(4) of the bihar finance act. the company thereafter filed a revision before the commissioner of commercial taxes. by order dated 26.3.2003, the commissioner of commercial taxes .....

Vishwakarma Industries Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : [1982]135ITR652(P& H)

..... and that assessed by the department on the other.38. it would inevitably follow from the above that because of the designed amendments which were wrought in section 271(1)(c) by the finance act of 1964 and the insertion of the explanation thereto, the reasoning of anwar ali's case : [1970]76itr696(sc) (which had construed the earlier and ..... it would appear that barring some marginal discordant notes there appears to be a near unanimity of authority for the view that the added explanation to section 271(1)(c) introduced by the finance act of 1964 was intended to make a clear change in the earlier law and had spelled out a categoric rule of evidence raising three rebuttable presumptions ..... to be manifest from the following note on clause 40 of the amending bill, which later came to be enacted as the finance act (no. 5 of 1964):'clause 40 seeks to amend section 271 of the income-tax act to provide that where the income returned by an assessee is less than 80 per cent. of the assessed income, the .....

Commissioner of Income-tax Delhi-iv Vs. Sat Parkash Agarwal

Court : Delhi

Reported in : [1983]140ITR880(Delhi)

..... rest in july, 1966. when called upon to explain the nature and source of the above credits the assays relied upon the disclosures that had been made under the finance act of 1965. the ito, however, observed that those declarations and their acceptances conferred an immunity on the declarants concerned but that if it was found that some other assessed ..... the questions read as follows: '(1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the provisions of section 68 of the income-tax act, 1961, were not attracted in regard to unexplained cash credits of rs. 25,000 in the names of the assessed's wife and minor children (2) ..... was at all open to the department to examine the genuineness of the deposits afresh in the case of the present assessed though he was not a declarant under the finance act. this aspect of the matter has been examined at great length in two decisions of this court in the cases of rattan lal v. ito : [1975]98itr681(delhi .....

Morgan Vs. Inland Revenue Commissioners.

Court : Kolkata

Reported in : [1963]49ITR59(Cal)

..... but neither before nor after the death of the deceased had they any beneficial interest in the shares and it is only with beneficial interests that section 2(1) (d) of the finance act, 1894, is concerned.that peter by the exercise of conveyancing ingenuity has been able to avoid the payment of estate duty on his fathers estate ..... under both the original settlement and the sub-settlement it included persons to be appointed by peter by his will. but, i have already pointed out, section 2 (1) (d) of the finance act, 1894, is not concerned with the persons to whom a beneficial interest accrues; it is only concerned with whether a beneficial interest accrues to which someone ..... me dangerous from his point of view, for if peter had an unfettered power of revocation, it might well be argued that having regard to section 22 (2) (a) of the finance act, 1894 on the settlors death peter became absolutely and indivisibly competent to dispose of the property but i say no more about for we really heard .....

Kbace Tech Pvt. Ltd. and Others Vs. Cce/Cst, Bangalore and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... the cenvat credit rules, 2004, have been made by the central government in exercise of the powers conferred by section 37 of the central excise act, 1944 and section 94 of the finance act, 1994. the provisions of the finance act, 1994 continue to govern the field of service tax in the absence of a separate law enacted by the parliament ..... dated 11.12.2008 that the invoices/challans/bills should be complete in all respect. this circular was issued with reference to notification no.41/2007 dated 06.10.2007 as specific services eligible for refund under the notification has been specified. thus, a stricter requirement exists under the said notification for ascertaining the actual ..... the department. the impugned periods in respect of these appeals vary from case to case but broadly fall within the time-frame from april 2006 to september 2007. 2. the seven service tax assessees involved in this group of twelve appeals have exported various output services. they have taken credit of service tax paid .....

Commissioners of Inland Revenue Vs. City of Glasgow Police Athletic As ...

Court : House of Lords

..... respondent association is a "body of persons . . . established for charitable purposes only and is therefore entitled to exemption under section 30 of the finance act, 1921, as amended by section 24 of the finance act, 1927. the special commissioners answered this question in favour of the association but stated a case at the instance of the ..... i would allow the appeal. lord reid my lords, the respondents claim that they are entitled to exemption from income tax under section 30 of the finance act, 1921, as amended by section 24 of the finance act, 1927. it is admitted that if they are a body of persons . . . established for charitable purposes only they are ..... for their opinion, whether the city of glasgow police athletic association is, within the meaning and for the purposes of section 30 of the finance act, 1921 (as amended by section 24 of the finance act, 1927) a charity, namely a body of persons established for charitable purposes only. the lord president pointed out that pemsel .....

Jones (Respondent) Vs. Garnett (Her Majesty's Inspector of Taxes) (App ...

Court : House of Lords

..... settlement can produce a sort of blurred double vision. in chamberlain v irc (1943) 25 tc 3 , for instance, the court (in applying section 38(2) of the finance act 1938) had to identify "the property comprised in the settlement" and to decide whether that settlement ("or any provision thereof") was revocable, and unsurprisingly ..... to have some efficacy for tax purposes (though subject to increasingly stringent conditions) until a general abolition of the relief (for surtax purposes) by section 12 of the finance act 1965. the general rule now (for all income tax purposes, though subject to some limited exceptions) is that in order to escape a tax ..... "settlement" ("includes any disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the finance act 1936 (provisions as to income settled on children), which was capable of applying to covenanted payments as well as to the income of settled property. covenants .....

Satya Developers Pvt Ltd. and Another Vs. Pearey Lal Bhawan Associatio ...

Court : Delhi

..... for residential or any other purposes shall be deemed to be immovable property for use in the course or furtherance of business or commerce; ? 18. section 83 of the finance act, 2007 makes certain provisions of the central excise act, 1944 as in force from time to time applicable in relation to service tax as they apply in relation to a duty of excise: 83 ..... the judicial precedents and discussions on the earlier enactment apply to the later enactments. 22. section 83 of the finance act 2007 though a legislation by incorporation also takes care of non-applicability of future amendments as it provides for applicability of the relevant sections of the central excise act 1944 as in force from time to time i.e. the future amendments in the provisions .....

C.c. C.e. And S.t. Bangalore (adjudication) Vs. M/s Northern Operating ...

Court : Supreme Court of India

..... clause shall apply to,- 24 inserted by the finance act, 2005, w.e.f. 16.06.2005. 25 substituted by the finance act, 2005, w.e.f. 16.06.2005. 26 substituted for to a client by the finance act, 2008, w.e.f. 16.05.2008. 27 inserted by the finance act, 2007, w.e.f. 01.06.2007. 17 (a) the functions performed by the ..... the recipient but come under his direction. this view is further strengthened by master circular no.96/7/2007-st, dated 23.08.2007. it was contended that post july 2012, under the negative list regime, by section 65 (44) of the finance act, 1994, the services provided by an employee to the employer in the course of employment are kept beyond ..... technocrats pvt. ltd. v. union of india19, which held that rule 5(1) of service tax (determination of value) rules, 2006 goes beyond the mandate of section 67 of the finance act, 1994 as quantification of the value of the service can never exceed the gross amount charged by the service provider for the service provided by him. this position was .....